Okla. Stat. tit. 45, § 45-745.22

The operator shall insure that all reclamation efforts proceed

in an environmentally sound manner and as contemporaneously as

practicable with the surface coal mining operations. Where the

applicant proposes to combine surface mining operations with

underground mining operations to assure maximum practical recovery

of the coal and other mineral resources, the Department may grant a

variance for specific areas within the reclamation plan from the

requirement that reclamation efforts proceed as contemporaneously as

practicable to permit underground mining operations prior to

reclamation:

1. If the Department finds in writing that:

a. the applicant has presented, as part of the permit

application, specific, feasible plans for the proposed underground

mining operations,

b. the proposed underground mining operations are

necessary or desirable to assure maximum practical recovery of the

coal and other mineral resources and will avoid multiple disturbance

of the surface,

c. the applicant has satisfactorily demonstrated that the

plan for the underground mining operations conforms to requirements

for underground mining in the jurisdiction and that permits

necessary for the underground mining operations have been issued,

Oklahoma Statutes - Title 45. Mines and Mining Page 86

d. the areas proposed for the variance have been shown by

the applicant to be necessary for the implementing of the proposed

underground mining operations,

e. no substantial adverse environmental damage, either on-

site or off-site, will result from the delay in completion of

reclamation as required by this act, and

f. provisions for the off-site storage of spoil will

comply with the requirements of this act;

2. If the United States Secretary of the Interior has

promulgated specific regulations to govern the granting of such

variances in accordance with the provisions of federal law, and has

imposed such additional requirements as he deems necessary;

3. If variances granted under the provisions of this section

are to be reviewed by the Department not more than three (3) years

from the date of issuance of the permit; and

4. If liability under the bond filed by the applicant with the

Department shall be for the duration of the underground mining

operations and until the requirements of this act have been fully

complied with.